Nikolic v New South Wales Department of Education and Training [2003] NSWIRComm 59

Industrial Relations Commission of New South Wales

CITATION : Nikolic v New South Wales Department of Education and Training [2003] NSWIRComm 59 PARTIES : Dragic Nikolic in person New South Wales Department of Education and Training FILE NUMBER: 4644 of 2002 CORAM: Grayson DP Annulment of probationary teaching appointment, alleged failure to follow procedure, alleged forgery of signatures, evidence of direct observation of applicant signing documents, onus on applicant to establish elements of unfairness, allegations not made out on the evidence CATCHWORDS : Held, no warrant for intervention, application dismissed. LEGISLATION CITED : Industrial Relations Act 1996 Teaching Services Act 1980 Barrett v Crown Street Women's Hospital [1947] AR (NSW) 565 Bigg v NSW Police Service (1998) 80 IR 434 R v Gidley [1984] 3 NSWLR 168 CASES CITED : R v Zorad [1990] 19 NSWLR 91 Re Homebush Abattoir [1966] AR (NSW) 386 Vincent Le Cornu Furniture and Carpet Centre Pty Ltd (1996) 71 IR 227 Western Suburbs Ambulance Committee v Tipping [1957] AR (NSW) 273 HEARING DATES: 03/05/2003 DATE OF JUDGMENT: 03/14/2003

APPLICANT Mr D Nikolic LEGAL REPRESENTATIVES: RESPONDENT Mr P Newell of counsel instructed by the Department of Education and Training

JUDGMENT: - 3 - INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES Coram: Grayson DP